| 1 | 1 | | SENATE, No. 3284 STATE OF NEW JERSEY 221st LEGISLATURE INTRODUCED MAY 16, 2024 |
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| 3 | 3 | | SENATE, No. 3284 |
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| 5 | 5 | | STATE OF NEW JERSEY |
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| 7 | 7 | | 221st LEGISLATURE |
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| 11 | 11 | | INTRODUCED MAY 16, 2024 |
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| 15 | 15 | | Sponsored by: Senator JOHN F. MCKEON District 27 (Essex and Passaic) SYNOPSIS Requires sports wagering advertisements and applications to include warning of risks of gambling. CURRENT VERSION OF TEXT As introduced. |
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| 19 | 19 | | Sponsored by: |
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| 21 | 21 | | Senator JOHN F. MCKEON |
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| 23 | 23 | | District 27 (Essex and Passaic) |
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| 33 | 33 | | SYNOPSIS |
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| 34 | 34 | | |
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| 35 | 35 | | Requires sports wagering advertisements and applications to include warning of risks of gambling. |
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| 39 | 39 | | CURRENT VERSION OF TEXT |
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| 41 | 41 | | As introduced. |
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| 45 | 45 | | An Act requiring the use of warning labels for sportsbook advertisements and applications, and amending P.L.2018, c.33. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. Section 4 of P.L.2018, c.33 (C.5:12A-13) is amended to read as follows: 4. a. Except as otherwise provided by this act, the division shall have the authority to regulate sports pools, online sports pools, and the conduct of sports wagering under this act to the same extent that the division regulates casino games. No casino or racetrack shall be authorized to operate a sports pool or online sports pool unless it has produced, to the satisfaction of the agency issuing the sports wagering license, information, documentation, and assurances concerning its financial background and resources, including cash reserves, that are sufficient to demonstrate that it has the financial stability, integrity, and responsibility to operate a sports pool or online sports pool. In developing rules and regulations applicable to sports wagering, the division may examine the regulations implemented in other states where sports wagering is conducted and may, as far as practicable, adopt a similar regulatory framework. The division, in consultation with the commission, shall promulgate regulations necessary to carry out the provisions of this act, including, but not limited to, regulations governing the: (1) amount of cash reserves to be maintained by operators to cover winning wagers; (2) acceptance of wagers on a series of sports events; (3) maximum wagers which may be accepted by an operator from any one patron on any one sports event; (4) type of wagering tickets which may be used; (5) method of issuing tickets; (6) method of accounting to be used by operators; (7) types of records which shall be kept; (8) use of credit and checks by patrons; (9) type of system for wagering; (10) protections for a person placing a wager; and (11) display of the words, "Gambling is risky and can become addictive, resulting in catastrophic life consequences. If you or someone you know has a gambling problem and wants help, call 1-800 GAMBLER," or some comparable language approved by the division, which language shall include the words "gambling problem", "risk" or "risky", "consequences", and "call 1-800 GAMBLER," in all print, billboard, sign, online, or broadcast advertisements of a sports pool and online sports pool, upon opening any Internet site or mobile application that includes access to online sports pools, and in every sports wagering lounge. b. Notwithstanding any other provision of P.L.2018, c.33 (C.5:12A-10 et al.) or of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to the contrary, during the 90-day period following the effective date of this act, the division and the racing commission may, after notice provided in accordance with this subsection, summarily adopt, amend, or repeal any order, rule, or regulation for a period not to exceed 270 days for the purpose of ensuring the expeditious and effective implementation of sports wagering at casinos or racetracks in accordance with this act. Any summary rulemaking authorized by this subsection shall be subject to such terms and conditions as the division and the racing commission may deem appropriate. Such rules shall be effective when published by the division and the racing commission on their respective websites and shall allow for the immediate application of any racetrack licensed by the racing commission, or casino licensed by the division, to the respective agency by which they are licensed or permitted, for a transactional waiver to immediately commence sports wagering. Upon the filing of such application, these rules shall further provide that, upon a showing therein that the applicant is licensed or permitted by the appropriate agency, a sports wagering license shall immediately be issued to the respective applicant allowing for its immediate commencement of sports wagering subject to the condition that it conform to the entity and individual or other licensing, facility and any other requirements set forth in the respective rules of each within 270 days. In the event such rules are not complied with within such time period, the non-complying racetrack or casino will not thereafter be eligible to conduct sports wagering until such compliance is achieved. Notice of any emergency rulemaking action taken by the division or the racing commission pursuant to this subsection shall be published in the New Jersey Register, and provided to the newspapers designated by the division and racing commission pursuant to subsection d. of section 3 of P.L.1975, c.231 (C.10:4-8), not later than 30 days subsequent to the implementation of the emergency rules. The text of any emergency rule adopted by the division and the racing commission pursuant to this section shall be available in each racetrack, casino, sports wagering lounge, and simulcasting facility implementing the provisions of emergency rulemaking. c. Any person employed on the effective date of this act, P.L.2018, c.33 (C.5:12A-10 et al.), by a permitholder in the admissions department or parimutuel clerk department of a racetrack operated by the permitholder shall be given a one-time right of first refusal offer of employment at the sports pool, including an online sports pool, that opens at that racetrack, for the then available positions of similar employment in that sports pool, or with any vendor contracting with the licensee to operate the sports pool. (cf: P.L.2018, c.33, s.4) 2. This act shall take effect immediately. STATEMENT Under current law, all sports wagering advertisements are required to include the phrase "If you or someone you know has a gambling problem and wants help, call 1-800 GAMBLER." This bill modifies the required warning on sports wagering advertisements to be "Gambling is risky and can become addictive, resulting in catastrophic life consequences. If you or someone you know has a gambling problem and wants help, call 1-800 GAMBLER." The bill also requires this warning to be displayed any time a user opens an Internet site or mobile application that includes access to online sports pools. |
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| 46 | 46 | | |
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| 47 | 47 | | An Act requiring the use of warning labels for sportsbook advertisements and applications, and amending P.L.2018, c.33. |
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| 48 | 48 | | |
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| 49 | 49 | | |
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| 50 | 50 | | |
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| 51 | 51 | | Be It Enacted by the Senate and General Assembly of the State of New Jersey: |
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| 52 | 52 | | |
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| 54 | 54 | | |
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| 55 | 55 | | 1. Section 4 of P.L.2018, c.33 (C.5:12A-13) is amended to read as follows: |
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| 56 | 56 | | |
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| 57 | 57 | | 4. a. Except as otherwise provided by this act, the division shall have the authority to regulate sports pools, online sports pools, and the conduct of sports wagering under this act to the same extent that the division regulates casino games. No casino or racetrack shall be authorized to operate a sports pool or online sports pool unless it has produced, to the satisfaction of the agency issuing the sports wagering license, information, documentation, and assurances concerning its financial background and resources, including cash reserves, that are sufficient to demonstrate that it has the financial stability, integrity, and responsibility to operate a sports pool or online sports pool. In developing rules and regulations applicable to sports wagering, the division may examine the regulations implemented in other states where sports wagering is conducted and may, as far as practicable, adopt a similar regulatory framework. The division, in consultation with the commission, shall promulgate regulations necessary to carry out the provisions of this act, including, but not limited to, regulations governing the: |
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| 58 | 58 | | |
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| 59 | 59 | | (1) amount of cash reserves to be maintained by operators to cover winning wagers; |
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| 60 | 60 | | |
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| 61 | 61 | | (2) acceptance of wagers on a series of sports events; |
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| 62 | 62 | | |
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| 63 | 63 | | (3) maximum wagers which may be accepted by an operator from any one patron on any one sports event; |
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| 64 | 64 | | |
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| 65 | 65 | | (4) type of wagering tickets which may be used; |
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| 66 | 66 | | |
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| 67 | 67 | | (5) method of issuing tickets; |
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| 68 | 68 | | |
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| 69 | 69 | | (6) method of accounting to be used by operators; |
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| 70 | 70 | | |
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| 71 | 71 | | (7) types of records which shall be kept; |
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| 72 | 72 | | |
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| 73 | 73 | | (8) use of credit and checks by patrons; |
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| 74 | 74 | | |
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| 75 | 75 | | (9) type of system for wagering; |
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| 76 | 76 | | |
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| 77 | 77 | | (10) protections for a person placing a wager; and |
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| 79 | 79 | | (11) display of the words, "Gambling is risky and can become addictive, resulting in catastrophic life consequences. If you or someone you know has a gambling problem and wants help, call 1-800 GAMBLER," or some comparable language approved by the division, which language shall include the words "gambling problem", "risk" or "risky", "consequences", and "call 1-800 GAMBLER," in all print, billboard, sign, online, or broadcast advertisements of a sports pool and online sports pool, upon opening any Internet site or mobile application that includes access to online sports pools, and in every sports wagering lounge. |
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| 80 | 80 | | |
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| 81 | 81 | | b. Notwithstanding any other provision of P.L.2018, c.33 (C.5:12A-10 et al.) or of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to the contrary, during the 90-day period following the effective date of this act, the division and the racing commission may, after notice provided in accordance with this subsection, summarily adopt, amend, or repeal any order, rule, or regulation for a period not to exceed 270 days for the purpose of ensuring the expeditious and effective implementation of sports wagering at casinos or racetracks in accordance with this act. Any summary rulemaking authorized by this subsection shall be subject to such terms and conditions as the division and the racing commission may deem appropriate. Such rules shall be effective when published by the division and the racing commission on their respective websites and shall allow for the immediate application of any racetrack licensed by the racing commission, or casino licensed by the division, to the respective agency by which they are licensed or permitted, for a transactional waiver to immediately commence sports wagering. Upon the filing of such application, these rules shall further provide that, upon a showing therein that the applicant is licensed or permitted by the appropriate agency, a sports wagering license shall immediately be issued to the respective applicant allowing for its immediate commencement of sports wagering subject to the condition that it conform to the entity and individual or other licensing, facility and any other requirements set forth in the respective rules of each within 270 days. In the event such rules are not complied with within such time period, the non-complying racetrack or casino will not thereafter be eligible to conduct sports wagering until such compliance is achieved. Notice of any emergency rulemaking action taken by the division or the racing commission pursuant to this subsection shall be published in the New Jersey Register, and provided to the newspapers designated by the division and racing commission pursuant to subsection d. of section 3 of P.L.1975, c.231 (C.10:4-8), not later than 30 days subsequent to the implementation of the emergency rules. The text of any emergency rule adopted by the division and the racing commission pursuant to this section shall be available in each racetrack, casino, sports wagering lounge, and simulcasting facility implementing the provisions of emergency rulemaking. |
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| 82 | 82 | | |
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| 83 | 83 | | c. Any person employed on the effective date of this act, P.L.2018, c.33 (C.5:12A-10 et al.), by a permitholder in the admissions department or parimutuel clerk department of a racetrack operated by the permitholder shall be given a one-time right of first refusal offer of employment at the sports pool, including an online sports pool, that opens at that racetrack, for the then available positions of similar employment in that sports pool, or with any vendor contracting with the licensee to operate the sports pool. |
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| 85 | 85 | | (cf: P.L.2018, c.33, s.4) |
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| 89 | 89 | | 2. This act shall take effect immediately. |
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| 95 | 95 | | STATEMENT |
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| 99 | 99 | | Under current law, all sports wagering advertisements are required to include the phrase "If you or someone you know has a gambling problem and wants help, call 1-800 GAMBLER." |
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| 100 | 100 | | |
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| 101 | 101 | | This bill modifies the required warning on sports wagering advertisements to be "Gambling is risky and can become addictive, resulting in catastrophic life consequences. If you or someone you know has a gambling problem and wants help, call 1-800 GAMBLER." |
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| 102 | 102 | | |
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| 103 | 103 | | The bill also requires this warning to be displayed any time a user opens an Internet site or mobile application that includes access to online sports pools. |
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